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Judgment
Subodh Abhyankar, J
1] They are heard. Perused the case-diary.
2] This is the applicant's first bail application filed under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023/Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail as he is apprehending his arrest in connection withCrime No.183/2025 registered at Police Station Oon, District Khargone for the offence punishable under Sections 9 (b) of The Explosive Act, 1884, u/s 4(b), 5 (a) of the Explosives Substance Act, 1908 & section 288 of BNS Act.
3] The allegation against the applicant is of possession of certain explosives.
4] Counsel for the applicant has submitted that the aforesaid explosives were kept by the son of the applicant as the applicant is already holding a licence for selling and restoration of 6500 Kg fireworks. It is further submitted that the applicant is aged 87 years and the entire business is looked after by his son/Bharat only, who is already arrested. Thus, it is submitted that the custodial interrogation of the applicant is not necessary, and the anticipatory bail application should be allowed.
5] Counsel for the respondent/State on the other hand has opposed the prayer. 6] Having considered the rival submissions and on perusal of the case diary and also taking note of the age of the applicant, who is 87 years old, this Court finds that the custodial interrogation of the applicant, who is already holding a licence as aforesaid, is not necessary in the present case. In view of the same, the applicant has made out a case for grant of anticipatory bail.
Accordingly, this application is allowed. It is directed that in the event of arrest, applicant shall be released on bail, upon his executing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand only) and furnishing one solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).
The applicant shall make himself/herself available for interrogation by a Police Officer, as and when required. She shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.
M.Cr.C. stands allowed and disposed of.
